McDevitt v. Lambert
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This was a statutory action for the unlawful detainer of certain realty in the city of Huntsville, commenced in a justice’s court on the 1st April, 1882, by Jno. F. McDevitt and wife against John and Benjamin Lambert, and removed by appeal, at the instance of the defendants, into the Circuit Court.
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Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This was a statutory action for the unlawful detainer of certain realty in the city of Huntsville, commenced in a justice’s court on the 1st April, 1882, by Jno. F. McDevitt and wife against John and Benjamin Lambert, and removed by appeal, at the instance of the defendants, into the Circuit Court. The premises in controversy, consisting of a warehouse and other property, wei-e, by a written instrument which was introduced in evidence and is copied into the bill of exceptions, leased by the appellants to said J.…
1Opinion of the CourtStone, C. J.
McDevitt and wife let the premises in controversy to Lamberts, by a definite contract of lease for two years, to expire the last day of February, 1882. The agreed rental was payable monthly. The lease contained this further clause: “It is also agreed, that in case the party of the first part does not dispose of the property, at the time of expiration of lease, the party of the second part may continue to occupy by the month, by complying with the above agreement.” There being, under this agreement, no binding obligation resting on Lamberts to continue the tenancy any longer than they chose,…
2Cases cited10 opinions
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Prickett v. RitterIllinois Supreme Court · 1854
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3Cited by15 opinions
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Myles v. StrangeSupreme Court of Alabama · 1932
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Hart v. ColemanSupreme Court of Alabama · 1915
- Davis v. CurrySupreme Court of Alabama · 1887
10 more not listed; retrieve them via the Exa API.